AfterDawn: Tech news

Kazaa sues RIAA for copyright infringement

Written by Jari Ketola @ 24 Sep 2003 2:04 User comments (37)

Kazaa sues RIAA for copyright infringement

Sharman Networks, the makers of the file sharing application Kazaa, have sued RIAA for copyright infrigement. RIAA is distributing versions of Kazaa Lite with embedded warning messages to potential infringers.
Sharman feels that RIAA has no right to mangle its software and calls the RIAA's actions "monopolistic and cospiratorial". Quite rightly so. Then again, who would? I'm sure Jasc wouldn't like it if someone started spreading a copy of Paint Shop Pro with "It's illegal to print pictures you don't have rights to" -warnings.

Source:
The Register

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37 user comments

124.9.2003 15:26
AND1
Inactive

haha intresting to see where this goes

224.9.2003 17:29
telemike
Inactive

where are the riaa modifed files for download?

324.9.2003 20:59

Ive been waiting for this hehe.

425.9.2003 04:41

Wait a second, RIAA, one of the biggest anti-piracy organizations is distributing the very same piece of software they are battling in court?

525.9.2003 05:13

hey where I sit its called intrapment.... along with piracy w/ malishis intent... also it boarders on making their case a whole lot weaker if the judge finds them incontemt of court... under some states its against the same laws that govern viruses . think about it this way they never had a list thats why now after 2 years of whinning about people downloading it was them (RIAA) who put out the software to download in the first place that they altered that they were able to track like spyware that sends out your ip address to their people who were paid to set everyone up who down loaded it .... my question for afterdawn has any one pulled apart the vrs. that was set for down load off this site or have you been speading the RIAA's work? sorry but we would all like to know (just to make sure you know)

625.9.2003 05:19

Anyway, I think is is a very silly way. Who gives notice to warnings like this? I hope the code isn't modified so that it sends RIAA the info about what you are downloading and when.

725.9.2003 05:22

yeah but if they reposented as it was from the Sharman Networks then every website they find it on could or should sue them ... now that would be a kick in the head to the RIAA maybe even enough to shut them down for over stepping the line and becoming pirites them selves.....

825.9.2003 08:10

I was wondering the same thing as #afonic. Quote> "I hope the code isn't modified so that it sends RIAA the info about what you are downloading and when." I'd be very suprised if the RIAA didn't add some spyware in addition to the warnings. It would be a great way to snare "infringers". Then again they have already done many things that were way more stupid than I gave them credit for... This should be an interesting one.

925.9.2003 14:22

Im sure they did.

1025.9.2003 21:39

Dude Just Use winMX for now

1125.9.2003 22:20
signal
Inactive

u know what, the riaa is starting to piss me off. i can understand their position in piracy laws, but come on, wht they are doing know is just plain F!@#ing stupid.if aone cant use kazaa, what is he going to do, well gee, lets think about this for a sec, hell go somewheres else to download, or find dvdripping freeware. this is just getting to stupid to even talk about

1225.9.2003 22:35

lmfao this is the funniest thing that happened since this stupid war began. I don't think fighting Cary Sherman is stupid. I think RIAA is being stupid. They are ruining their profit margins. Lawyers cost money. Ok say they crush all the file sharers then if people are so angry with them their CD, t-shirt and album sales are going down the toilet. I say we stop file sharing of our own volition for 48 hours and quit buying cds, concert tickets and t-shirts they then cannot blame anyone but themselves if we stop sharing files for a week and begin a boycott of them too. If we don't buy from any record companies. What I'd like to do is get all of their stuff that they say they own give it back and say to them now get the fuck out of our lives forever. We don't want your music we don't want your tshirts and we don't want your concert tickets. Just give it all back stop buying music altogether make our own music and listen to that they don't own it. Share bands not signed with any record label. Only deal with people they don't own. Lets see how they deal with us giving their stuff back and telling them to get out of our lives forever.

1325.9.2003 23:36

Quote:
concert tickets
Don´t do that, you´ll be holding funds from the artist, not the RIAA.
Quote:
lmfao
Did it hurt?

1426.9.2003 01:46
QUAKEDS
Inactive

Just give me the dayyyyyyyyy,to begin and end,,,I am on ittttt. so lest do itmen

1526.9.2003 21:44

well the song writers are going to suffer anyway. We make a deal with them. Set up our own concerts and make their cd's and market them ourselves as soon as they agree to break with the bullies. Otherwise we won't buy their songs anymore. Until they sign with our group and play the game the way we made it then we will refuse to give them any money. It will be quit your big record label, find a new source of income or play the way we want you to play or fucking starve.

1627.9.2003 14:33

Is Orien2 serious about this utopian crap? Would be good if we could pull it off, but overtime, whatever new organization is supposed to market artists, set up their concerts etc... will end up looking very much like the RIAA

1727.9.2003 14:33

Although I have to admit, it will be interesting to see where this goes.

1827.9.2003 20:08

Well I think that we should just boycott all music anyways and until the RIAA is willing to drop the prices on their overpriced cds and singles because mass producing cds do not cost more $1 to make. I`am willing to buy music if at a reasonable price, not at a ripp off price. And since during their worst year, they still made hundreds of millions in profits.

1927.9.2003 21:57
Actuator
Inactive

WHAT? The RIAA only lets the artist have 35 cents per each cd sale! good article: http://clearstatic.org:2396/node/view/67

2029.9.2003 23:19

Kill RIAA it would be better for everyone even musicians. Destroy the establishment. Eliminate the middle man that's why we boycott music to get rid of the middle man. RIAA is the middle man. We are charged with getting rid of. So we have to boycott to get rid of them. You cannot make an omlete without breaking a few eggs.

2130.9.2003 20:07

Boycotting the RIAA will bring casualties that is true but in the end we all will win. They too must follow the damn laws that they lobby to pass in the first place. If they can violate the DMCA then so can we. In fact the DMCA needs to be thrown out because it was passed right under the peoples noses. When Kazaa sues and wins the RIAA will continue to lose. They can not monopolize the net and they will be forced to play nice with the rest of the world or face the consequiences for the falure to accept change and the rights of the consummer. Flat rates or compulsery licensing is the only answer. There has been talks where the ads on the p2p apps will help pay royalties but the RIAA says no because they cannot control the outcome. Well I say there is alot of things that businesspeople can't control but it does not give them a right to screw everyone over. As far as Kazaa Lite goes people need to remember that it is a part of FAST TRACK and light or not it can be tracked because Fast Track is the #1 network of choice for the RIAA to monitor. I use Blubster with the anonymous p2p option because it is harder to track a person down because of the protocol that they use. ES5 will soon be using a anonymous proxyless protocol soon as well and when that happens good luck to anyone who wants to track anyone down. Voodoohippie

222.10.2003 06:28

then we have to destroy RIAA somehow since they don't know how to use the net. So we have to do a general boycott to help them destroy themselves. They won't give up or play fair suddenly. They don't have a conscience. So we have to figure out how to destroy them before they take our rights away. It's them or us. It's worse than I thought congress is considering a bill to make ripping cds you own a crime. Stuff you paid for you can't use the way you want. I never understood I bought it how many times I have to buy something before it's mine? I say fuck it steal it, I don't care about anything their damn rights when they try to tell me what the fuck I can do with my stuff it pisses me off.

232.10.2003 07:07
signal
Inactive

i cant dissagree with you more orien, but the fact remains that this little war will continue until the end of time. as long as we have hackers this war will continue. the riaa cant take our right away to copy our own material because that is takinbg our personal rights away do do what we want with our owned material. i think thats unconstitutional so i wouldnt worry about that much anyways. plus even if they pulloall copying materials off the shelf you can still use freeware. Vudo is right about his previous statment. riaa can eventually back down, but who says they will.

243.10.2003 21:43

Well they own the government so they can make it anyway they want to isn't it obvious all these summons are improper but the judges didn't care they must have been bought. I don't know whether it's ego or profit. They won't grow a conscience we have to figure out how to pull their teeth somehow and I think I know of a way I have a letter to write. I hope for all our sakes this works or we are all screwed. I'm worried really worried all this is a little beyond a midwestern girl's ability to understand but I will figure it out. I hope to god I meet someone who is on our side and can tell me whether it is ego or profit so I know what the hell to do next I'm kinda lost to tell the truth. if the petition at the EFF against RIAA doesn't work please vote to get rid of the incumbants in the next election of the federal government and write a letter to your repressentatives. You can find their information at the league of women voter's site. Write a calm respectful concerned letter about What is going on with RIAA and the other laws do not use inflamatory language or profanity. Just make your case we need to tell our officials that this important to us. If we do then they may respond and help us. It can't do any harm to write and it may help. We need to tell them what is going on. How we feel and think. What we make of RIAAs abuse of power. If you want to help me do this for me, ok. We need an ally here sometimes the government helps out sometimes it doesn't but it is important to tell them we feel our free use provisions are being violated and our rights are being violated. Tell them what we think is going on. We need them to get involved on our side they could help if they don't then vote them out of office. Get to the polls and vote or you don't have a right to complain about what is happening.

2512.10.2003 12:49

"the fact remains that this little war will continue until the end of time" Haha- no it won't! Technology WILL REMOVE THE RIAA. With today's technology there will be no point in having such an organization. Artists will no longer have to go to a label to mass-distribute and promote copies of their works. Technology is doing this for them. Think- P2P could become the catalyst for this- rating most played/popular songs. MTV, VH1, and Radio stations will use information from kazaa to select their music content. Artists won't care if people listen to their music for free on an individual basis because they'll get their money in public performances and commercial showings of their work. Artists will get the money too. Since there is no RIAA, no corporate label, the overhead is cut and the artist get direct royalties. No middle man and everyone is happy… except the RIAA. They know it is coming and they are fighting while they can. They will lose. That simple.

2613.10.2003 14:29

haha GOOD!!!!!!!!!!! RIAA Sucks!!! I will tell you right now, that if cd prices DO NOT go down.. this girl aint going to be buyin a cd for 20 bucks a pop!!! Why not download right?? Whats the difference??? The artist is still getting there music listened too!! so the hell up RIAA!!!

2714.10.2003 05:20

Yeah, but they aren´t getting paid for their work. Maybe the music industry as a whole should re-think what they have become. For most people involved in the business it´s just work I suspect, making money. But what is more important? Music or making money?

2814.10.2003 18:48

Well I subscribed to Rhapsody and love it. Not cuz the RIAA is suing but cuz some of my friends had it and I love the selection of Alternative Rock bands and Classic Rock bands. I am listening to REM's Murmur album and I was listening to some Love and Rockets earlier. $10 per month is not bad but the RIAA is killing these services because of their attitude against p2pers. This has to change if they really want to make any money. Rhapsody is Great and I love it and will continue to use it but again people just have a bad taste when it comes to the RIAA. Voodoohippie

2918.10.2003 07:40

Support Independent Music ALL THE WAY!

3018.10.2003 14:26

i stopped down loading songs of p2p networks when all this shit started simply because it didnt seem worth the risk.i can hear people sayin so you caved in to the RIAA not exactly people because i also stopped buyin cds at the same time if you fuck with my personel freedom i will do whatever i can to get revenge .so well done RIAA you have stopped me down loading songs you have also stopped me buying cds .because of the foolish way you have acted i will never buy another music cd you have succeded in alienating yet another customer what a resounding success.i hope your proud of yourselves

3123.10.2003 12:55
signal
Inactive

you know what, the RIAA cant stop it all no matter how long they go out of thier way. p2p is forever. i think thats why the call free p2p underground. well duh..... plus kazaa is about to go legit which means another free p2p will soon open if not already. but personally i dont really give a shit. kazaa was not all that great, it was just a valuable source if u used it properly. i know there is something better out there. some of the music was good quality and so was some of the movies, but other than that it just plain sucks. there are more things to worry about than the fucking RIAA, let them play their games and when everybody cools down then so will they. and you can download all you want, but keep in mind that i heard a rumor that the goverment is going to install something like a blackbox that can track the activity of all computers. so you freedom just went to hell didnt it. ha. you people call this a free country, who fucking lied to you. i love america with all my heart yes this much is true, but nothing is free, you just get more of a luxury here and get away with more shit thats all. dont get me wrong im not putting down on our country. america is the best place in the world im just tryong to get the point across that nothing is free. one way or the pther you get bent over the counter top.

3223.10.2003 18:42

Compromise is where its at and compromise we will all have to learn to do on both sides. I watched Music Wars on Tech TV and both sides had some great points. This is why I can see that p2p will never die but as far as completely FREE I doubt it will remain that. Maybe with Spyware made by the FCC with commercials and the like. There are more people who use the Internet for Music then anything else at all. This is why it will never change at all. Voodoohippie

3327.10.2003 11:39

Face it the RIAA was ill prepared for the effects of the advancements in modern technology. They totally missed the window of opportunity there. That aside, there is no new "big" talent on the horizon and everyone else is played out. Commercial music is a dictator. You are conditioned to like certian musicians and that's the way it has always been. Big labels pay for play and advertising, you see it, you hear it; it grows on you. All the while they have been reaping in the cash. There are endless points on either side of the spectrum. For me it's a matter of choice. I chose to take control of my listening experiences. I don't allow the big radio stations to tell me what's hot. I've discovered hard working people who just love making music online. These Independant artists are often better musicians than those puppets dancing on strings for the labels. Think for yourself. You don't have to be manipulated and you don't have to commit copyright infringement either. There is always a middle ground ... it's all about the grey areas ;) Long Live Independant Music ;)

This message has been edited since its posting. Latest edit was made on 27 Oct 2003 @ 11:42

3427.10.2003 20:43

Anyone know what has happened to this suit? :-)

3528.10.2003 13:37

I agree that the independent Rock bands are great. When Audiogalaxy was in its heyday I discovered bands like Moon Patrol and a few others. But don’t forget about great bands like The Ramones, Eve 6, Default, Collective Soul, Foo Fighters, Puddle Of Mud, Stained, and more that are yes part of the big labels. Even Lemonheads are as well. These bands have some good music and depending entirely upon the independent artists may cause you to miss out on a lot of good stuff. Alternative Rock bands are a lot better then the pop stuff. I’ve been listening to Rhapsody since I got it on 10-3-03 and I tell you that its nice to hear the bands I grew up with like Quiet Riot, Ratt, Poison, Led Zepelin, Black Sabbath, Rush and hear the entire album. This is something that I missed with p2p. The bad is that the labels are trying to force their laws or so called morals upon us too quickly. There are some problems I had with Rhapsody like Foo Fighters is not available. Neither is Creed. This is not acceptable because I am paying the $10 per month and the labels are forcing more people to do the same. Before they can make such a law the FCC or whoever needs to force the labels to provide every band imaginable even the out of print stuff should be available to the subscribers of Rhapsody. Otherwise how the heck can you call this stealing? The laws need to be changed back to what they were in 1992 or whenever the home record act was introduced. It should not matter that it is now Digital because it doesn’t change a thing. The thing it does not change is the fact that you are copying the works for your own use and not for resale. Just because they are afraid of the Digital age should not license them to change the rules at hawk. So we the people need to use the legal means to try and change these laws and pay attention to what is around us because if we use our heads we can turn the tables. I think some MIT students have demonstrated just how these laws can be challenged. Now what people need to do is subscribe to say Rhapsody and then you have a leg to stand on when you fight against the RIAA. If big brother RIAA wants to sue me for say Downloading Creed music or Foo Fighters music I can counter sue and say “Hey I subscribe to Rhapsody and it ain’t available to a service I pay for what is with that?” Then I may be able to sue the RIAA $150,000 per song that I like but can’t get on Rhapsody. So lets see here I like the entire album by Creed called Weathered and hmmm lets say 16 songs multiply that by $150,000 because that is what the copyright infringement is worth according to the RIAA and bam I have tons of money. It is that simple. So by doing this legally you and an entire well established group of people could ruin the RIAA. They can’t tell me that I have no right to ask for every band I like because it’s the labels choice because I have a right to play the music on my computer where I can find the music I want because I am a Blind person who does not want to mess with CD’s period. This is why I spent my hard earned cash for my PC. The NFB and ACB should take this and run with it since the NFB argued about where Blind people would sit on a plane. So I am sure I could get the NFB involved and the RIAA’s asses will be in a sling. They would either have to make the songs available on Rhapsody or face a huge huge lawsuit where I force them to not only pay me money but to give me a huge terabyte HD to install all the bands that I like and is not available legally. Plus maybe this act would challenge the RIAA’s movement because I can file a discrimination lawsuit the size of Texas because they are taking away the right to conveniently enjoy music. With that said I am surprised that no Blind person had figured that out for they’re self before I posted that fact.

3628.10.2003 13:39

OK I made a mistake and posted this twice so I deleted it the second tome.

This message has been edited since its posting. Latest edit was made on 28 Oct 2003 @ 1:42

3728.10.2003 14:47

That's all fine and good and you go ahead and toss your ideas out there while your still feeding the RIAA Money Machine. Point is the only thing that gets their attention is the hit they take in their fat pockets. Want them to make more music available? Want them to promote a wider scope of musicians? As the "people" we must stand together and make ourselves heard ... in the tune the RIAA listens to and unfortunately that is revenues. Reduce their revenues, force them to look outside the box. The Your ideas, My ideas and the ideas of we, the listeners will be heard. But as long as there are people who feed into their "latest" gimick to sell music, they will remain on the path they're on. Rhapsody feeds the RIAA machine. They think they're on to something, and you have just stated clearly, you still can't hear what you want to hear? So what will the montly rate be to haev access to the entire library? Think it will increase? X number of plays will turn into even less for the $... They got you they'll wring you. What do they care what you want to hear, you're already paying them on what THEY chose for you.

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